State supreme court upholds backpack search in gun case

SUMMARY

• State supreme court ruled officers did not violate Fourth Amendment rights in backpack search case
• Defendant voluntarily consented to search, reversing Court of Appeals decision
• Trial court’s denial of suppression motion reinstated after justices’ review
• Opinion emphasized consent under totality of circumstances, not probable cause

The North Carolina Supreme Court held that law enforcement officers did not violate the defendant’s Fourth Amendment rights when they searched his backpack and found a stolen handgun. The justices concluded that the defendant voluntarily consented to the search, reversing the Court of Appeals.

The 26-page opinion is State v. Tripp.

The case centered on whether officers had obtained valid consent to search the defendant’s backpack after stopping him based on a tip from a confidential informant. The trial court denied the defendant’s motion to suppress, finding that officers had returned his identification and that he consented to the search. The Court of Appeals disagreed, ruling that while the informant’s tip supported reasonable suspicion for the stop, it did not amount to probable cause for a search.

The supreme court, however, emphasized that warrantless searches are lawful when consent is freely given under the totality of the circumstances. Testimony showed that officers acted calmly, did not raise their voices, and never brandished weapons. After some hesitation, the defendant not only agreed to the search but personally opened his backpack for officers. The court rejected the defendant’s argument that the trial court’s finding about his identification being returned was unsupported, pointing to his own exchange with an officer — asking “We good?” and receiving confirmation — as competent evidence that supported the finding.

Because the consent was voluntary, the justices declined to address whether probable cause existed for the search, ruling that discretionary review on that issue was improvidently allowed. The decision reinstates the trial court’s denial of the motion to suppress.

EXTERNAL LINKS

• North Carolina Judicial Branch Appellate Reporter
• Supreme Court of the United States opinions